Jayeeta Kundu v. State Of West Bengal And ORS.

22.01.2026 Sl. No.11 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/30099/2024 JAYEETA KUNDU VS STATE OF WEST BENGAL AND ORS.

Ms. Gopa Biswas Ms. Ankita Ghosh ...for the Petitioner.

Mr. Samrat Paul ...for the State.

Mr. Ratul Biswas Mr. Kaushik Chowdhury ...for WBBPE and DPSC, Howrah.

Mr. Arindam Chattopadhyay Mr. Soumik Dey ...for DPSC, Nadia.

1.

By the present writ petition the petitioner seeks direction upon the respondent authorities to grant transfer in favour of the petitioner from her present school to any school under Karimpur Circle, District Primary School Council, Nadia upon consideration of the application of the petitioner dated 4th November, 2024.

2.

The petitioner contends that she is an Assistant Teacher in Sankrail K.K. Girls' Primary School. The petitioner joined in the school on 28th July, 2021. The service of the petitioner was confirmed on 9th November, 2023. The petitioner has to travel 217 Kilometers to attend her school. The petitioner is

suffering from thalassemia (blood disorder). On 4th November, 2024 the petitioner made a representation before the President, West Bengal Board of Primary Education seeking transfer. However, the same is kept pending. Hence this writ petition.

3.

Ms. Gopa Biswas, learned advocate appearing for the petitioner submits that the appropriate authority be directed to consider the representation of the petitioner for her transfer in accordance with law since the petitioner has already been medically examined pursuant to order of this court dated 9th January, 2025.

4.

Mr. Ratul Biswas, learned advocate appearing for the West Bengal Board of Primary Education and District Primary School Council, Howrah submits that the petitioner has already been medically examined. The ground as taken is not covered under the rules. He files the medical examination report which is taken on record. However, the representation may be considered by the appropriate authority.

5.

In reply Ms. Biswas submits that the disease of the petitioner is included in the rules.

6.

Learned advocate for the State leaves the matter to the discretion of the Court.

7.

In view of the submissions advanced on behalf of the respective parties, respondent no.4, Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 4th

November, 2024 and dispose of the same strictly in accordance with law by passing a reasoned order upon notice to the petitioner within a period of eight weeks from the date of communication of this order. 8.

The reasoned order shall be communicated to the petitioner within one week from passing thereof. 9.

Learned advocate for the petitioner is directed to communicate this order to respondent no.4, Secretary, West Bengal Board of Primary Education, for necessary compliance.

10.

With the aforesaid directions, the writ petition being WPA 30099 of 2024 is disposed of.

11.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12.

Interim order, if any, stands vacated.

13.

All connected applications, if any, stand disposed of. 14.

There shall be no order as to costs.

15.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)